Mirwaiz petitions HC against house arrest

SRINAGAR, (SANA): After completing a marathon 45 days under house arrest, chairman of the Hurriyat Conference (APHC)(M), Mirwaiz Umar Farooq has filed a petition in Jammu and Kashmir High Court challenging his “illegal house-confinement.”

The petition titled Dr Mirwaiz Umar Farooq v/s State of Jammu and Kashmir states has been filed by Mirwaiz’s counsels Advocate Nazir Ahmed Ronga and Advocate Shahidul Islam.

According to Advocate Ronga , the petition was filed to challenge the continuous house arrest of the APHC (M) chairman, first in New Delhi and then in Srinagar.

“Mirwaiz continues to face the house detention without any written order. Therefore, he has been kept under illegal house-confinement,” Advocate Ronga said.

He said that Mirwaiz has been under house arrest since February 9, when Muhammad Afzal Guru was executed in Delhi’s Tihar Jail.

Mirwaiz was first put under house arrest in his New Delhi residence till February 21. After that he was put under house arrest at his Nigeen residence in Srinagar. Advocate Ronga said that Mirwaiz’s house detention is not only “in violation of the constitution of J&K but the Indian constitution as well.”

“Since there is no declaration against Mirwaiz from any authority, the confinement is against the law,” he said.

He said under non-boilable offences and acts like Public Safety Act (PSA), movement of a person can be curbed.

In the petition, Advocate Ronga said, Mirwaiz has been projected as a religious leader and a political leader as well given the fact that he heads Hurriyat (M). “I have also made it clear that Mirwaiz is head of Auqaf of Central Jamia Masjid Srinagar and he is supposed to chair the meetings there, after every fortnight. At the same time, I have stated in the petition that Mirwaiz is also head of the Anjuman-e-Nusrat-ul-Islam, a body, that runs many schools,” he said.

He said Mirwaiz has been shown as the Head of Awami Action Committee (AAC) as well, which was formed in 1962 to fight for the peace and prosperity in Kashmir. “Keeping in view all these aspects, Mirwaiz is a multidimensional personality. How can he be confined to house without allowing him to meet his relatives even,” Advocate Ronga argued.

On when would be the case listed, Advocate Ronga said since the petition has been field in the High Court, an institution, that is known in dealing with the cases of house arrests and has the powers to pass judgment over the issue, the case is expected to be heard within a couple of days.

Advocate Ronga has also mentioned in the petition that Mirwaiz has been traveling to Pakistan, Cairo, and other countries to find out a peaceful and amicable solution to vexed Kashmir issue, “and the process has come to a halt due to his house confinement.”

Talking to media, Mirwaiz said that he is feeling suffocated in his house since last so many weeks. “If I add up the house arrest period of New Delhi and Srinagar, I have completed more than 45 days which is height of everything. I decided to file a petition which is a last resort for me. Let’s see what the court will do,” he said.